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Ringsaker v. Director

7/13/1999

whether or not the inaccurate test date was caused by the testing operator deviating from the approved method. The Department thus failed to sustain its burden to show the test was fairly administered. As a consequence, the Intoxilyzer test result should not have been admitted into evidence under section 39-20- 07(5), N.D.C.C.


[ ] The judgment of the district court reversing the administrative suspension of Ringsaker's license is affirmed.


[ ] Gerald W. VandeWalle, C.J. Carol Ronning Kapsner Mary Muehlen Maring William A. Neumann Dale V. Sandstrom




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